A11397 • 2025

Relates to the representation of individuals involved in guardianship proceedings pursuant to article 81 of the mental hygiene law

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Sponsor: Philip Ramos
Last action: 2026-05-15
Official status: In Assembly Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Relates to the representation of individuals involved in guardianship proceedings pursuant to article 81 of the mental hygiene law

Relates to the representation of individuals involved in guardianship proceedings pursuant to article 81 of the mental hygiene law Provides that certain individuals who are involved in a guardianship proceeding pursuant to article 81 of the mental hygiene law shall have certain services obtained on their behalf if they are financially unable to obtain such services on their own, including the appointment of an individual to carry out the duties of a court evaluator or court examiner.

What This Bill Does

Relates to the representation of individuals involved in guardianship proceedings pursuant to article 81 of the mental hygiene law Provides that certain individuals who are involved in a guardianship proceeding pursuant to article 81 of the mental hygiene law shall have certain services obtained on their behalf if they are financially unable to obtain such services on their own, including the appointment of an individual to carry out the duties of a court evaluator or court examiner.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-05-15 Assembly
REFERRED TO JUDICIARY

Official Summary Text

Relates to the representation of individuals involved in guardianship proceedings pursuant to article 81 of the mental hygiene law
Provides that certain individuals who are involved in a guardianship proceeding pursuant to article 81 of the mental hygiene law shall have certain services obtained on their behalf if they are financially unable to obtain such services on their own, including the appointment of an individual to carry out the duties of a court evaluator or court examiner.

Current Bill Text

Read the full stored bill text

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          11397

                                  I N  A S S E M B L Y

                                      May 15, 2026
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Ramos) --
          (at request of the Unified Court System) -- read once and referred  to
          the Committee on Judiciary

        AN  ACT to amend the county law, in relation to compensation of individ-
          uals appointed by the court in guardianship  proceedings  pursuant  to
          article 81 of the mental hygiene law

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Section 722-c of the county law, as amended by section 2 of
     2  part GG of chapter 56 of the  laws  of  2023,  is  amended  to  read  as
     3  follows:
     4    §  722-c.  Services  other than counsel. Upon a finding in an ex parte
     5  proceeding that investigative, expert or other  services  are  necessary
     6  and  that the defendant or other person described in section two hundred
     7  forty-nine or section two hundred sixty-two of  the  family  court  act,
     8  article  six-C of the correction law [or], section four hundred seven of
     9  the surrogate's court procedure act OR ARTICLE EIGHTY-ONE OF THE  MENTAL
    10  HYGIENE  LAW,  is  financially  unable  to  obtain them, the court shall
    11  authorize counsel, whether or not assigned in accordance with a plan, to
    12  obtain the services on behalf of the defendant or such other person  OR,
    13  PURSUANT  TO  SECTION 81.09 OR SUBDIVISIONS (C) AND (D) OF SECTION 81.32
    14  OF THE MENTAL HYGIENE LAW, APPOINT AN ELIGIBLE INDIVIDUAL TO  CARRY  OUT
    15  THE  DUTIES  OF  A  COURT EVALUATOR OR COURT EXAMINER.  The court upon a
    16  finding that timely procurement of necessary services  could  not  await
    17  prior  authorization may authorize the services nunc pro tunc. The court
    18  shall determine reasonable compensation  for  the  services  and  direct
    19  payment  to  the  person  who rendered them or to the person entitled to
    20  reimbursement. Only in extraordinary circumstances may the court provide
    21  for compensation in excess of three thousand dollars per  investigative,
    22  expert or other service provider.
    23    Each  claim  for  compensation shall be supported by a sworn statement
    24  specifying the time expended, services rendered, expenses  incurred  and
    25  reimbursement  or  compensation applied for or received in the same case
    26  from any other source.
    27    § 2. This act shall take effect on the ninetieth day  after  it  shall
    28  have become a law.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09838-02-5